Ninth Circuit grills Oregon in Trump Portland Guard case; panel signals skepticism
At Thursday’s Ninth Circuit hearing a three‑judge panel (two Trump appointees and one Clinton appointee) sharply questioned Oregon’s lawyers — including pointed remarks from Judge Ryan D. Nelson — and probed whether the state’s legal standard would unduly constrain the president, signaling skepticism of Oregon’s arguments while also testing the administration’s claims that Portland constituted a “rebellion” justifying federalizing the National Guard. The dispute stems from U.S. District Judge Karin J. Immergut’s temporary restraining order blocking deployment of Oregon and out‑of‑state Guard troops to Portland; troops were staged but not sent, DHS officials visited the city, governors ordered demobilizations, and the appellate court has yet to issue a ruling.
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📌 Key Facts
- The Ninth Circuit heard roughly 90 minutes of oral argument Thursday on the government's bid to lift a temporary restraining order (TRO) blocking federalization and deployment of Oregon National Guard troops; a three‑judge panel (two Trump appointees, one Clinton appointee) signaled skepticism and issued no ruling from the bench.
- U.S. District Judge Karin J. Immergut issued the TRO blocking federalization/deployment of about 200 Oregon Guard members, later expanding it to bar any Guard deployment to Oregon, writing that the administration's determination was “untethered to the facts.”
- The administration and DOJ argued Portland presents an “active threat” that satisfies the statutory “rebellion” standard and that the Guard is needed to protect federal assets; Oregon countered the unrest did not meet that threshold and disputed the government's factual showing—judges pressed both sides, questioning reliance on incidents that post‑date the initial authorization and Oregon’s proposed standard.
- Troops from Oregon and California were staged near Portland but have not been deployed; Gov. Tina Kotek ordered demobilization, the Pentagon said no Oregon Guard members were on mission in/around Portland, and an appellate order kept the Guard under federal control while continuing to prohibit deployment to Portland during litigation.
- Video and on‑the‑ground reporting showed federal agents in tactical gear (marked DHS and U.S. Border Patrol) detaining protesters and deploying tear gas minutes after Judge Immergut's restraining order; DHS Secretary Kristi Noem visited the Portland ICE facility (was filmed praying with officers), met Kotek at the airport, and publicly defended increasing federal security there.
- Local officials and community responses were mixed: Portland's mayor reopened streets near the ICE building and offered to assume the federal lease; some Portland business owners filed declarations supporting Guard/federal presence citing crime; 24 Democrat‑led states filed a brief supporting Oregon and California’s challenge; Seattle’s mayor signed an order to affirm police independence and establish reporting for alleged soldier or federal‑agent abuses.
- The dispute traces to a September 28 memorandum (signed by Pete Hegseth) calling 200 Oregon National Guard members into federal service for 60 days to protect federal assets such as the ICE building—assets that are already guarded by the Federal Protective Service, CBP and other federal personnel.
- The White House defended the president's authority to protect federal assets, signaled expectations the Supreme Court could reverse the TRO, and President Trump publicly called Portland demonstrators “insurrectionists.”
📚 Contextual Background
- U.S. Immigration and Customs Enforcement (ICE) is the federal agency responsible for apprehending and detaining people suspected of being undocumented immigrants in the United States.
📰 Sources (12)
Where has Trump suggested sending troops? In cities run by Democratic mayors
New information:
- NPR reiterates Judge Karin J. Immergut’s broader order blocking any Guard deployment to Oregon and describes the protests as 'fewer than 30 people' and 'largely sedate.'
- Notes the Ninth Circuit held a hearing on Thursday but issued no ruling from the bench.
'Untethered from reality': Lawyers for Trump, Oregon, spar over National Guard deployment in court clash
New information:
- Oral arguments lasted roughly 90 minutes before a three‑judge panel composed of two Trump appointees and one Clinton appointee.
- Judge Ryan D. Nelson sharply questioned Oregon AAG Stacy Chaffin, including a remark comparing Oregon’s standard to one that would constrain even President Lincoln.
- Oregon argued Trump’s portrayal of Portland unrest was “untethered from reality” and did not meet a statutory “rebellion” threshold.
- DOJ attorney Eric D. McArthur argued Portland presents an “active threat,” satisfying both ‘rebellion’ and the government’s inability to execute laws without the Guard.
- Judge Susan P. Graber probed whether the administration could rely on violent incidents that post‑dated the initial authorization.
What to know about Trump’s National Guard deployments in Chicago and Portland
New information:
- Twenty‑four Democrat‑led states signed a brief supporting California and Oregon’s challenge to deploying Guard troops in Portland.
- The 9th Circuit scheduled oral arguments for Thursday on the government’s bid to overcome the lower‑court block.
- Seattle Mayor Bruce Harrell signed an executive order affirming police independence and creating a system to report alleged abuses by soldiers and federal agents.
- Troops have not yet been deployed to Portland.
Here is the latest.
New information:
- The Ninth Circuit will hear arguments at noon ET on lifting the temporary ban on deploying Oregon National Guard troops in Portland.
- Background affirmed: Judge Karin Immergut found the administration failed to show conditions justified federalizing Oregon’s Guard.
- Portland Mayor Keith Wilson reopened streets near the ICE building after DHS Secretary Kristi Noem’s visit and offered to buy or take over the federal lease for the facility.
- President Trump called Portland demonstrators 'insurrectionists.'
Anxiety grows in Portland amid Trump's effort to send in National Guard
New information:
- Federal appeals court temporarily granted the White House request to keep 200 Oregon National Guard troops under federal control while litigation proceeds.
- The same appellate order specifies Guard troops are still prohibited from deploying to Portland during the case.
- Sequence of weekend rulings: a Saturday TRO blocked federalization/deployment of Oregon Guard; a Sunday order also blocked deployment of out‑of‑state Guard to Oregon as the Pentagon eyed sending 200 California Guard.
- Local business owners filed declarations supporting Oregon’s lawsuit, citing harm from federal rhetoric and planned deployments.
A Chicago federal grand jury deals the latest setback to Trump’s immigration enforcement efforts.
New information:
- The Oregon case is set for a Thursday noon ET hearing while the administration appeals Judge Karin Immergut’s ruling to the Ninth Circuit.
- DHS Secretary Kristi Noem told Fox News she threatened to quadruple federal agents in Portland if local police did not provide more security, despite prior 'low energy' protest assessments.
- Troops from Oregon and California are assembled near Portland, but hearings will determine whether they can deploy.
Portland’s ICE office is already federally protected. So why is the National Guard needed?
New information:
- On‑the‑record interview with Chris Hayes, assistant director for field operations at the Federal Protective Service, describing daily confrontations and FPS’s role protecting the Portland ICE facility
- On‑the‑ground observations that FPS, Customs and Border Protection and Federal Bureau of Prisons personnel were present, agents stood on the roof, a conference room had blackened windows, and reporters observed two apparent detentions outside the gate
- Contextual reporting framing a policy question: the Monitor contrasts FPS’s statutory mission with the administration’s push to deploy National Guard troops and cites the temporary restraining order by Judge Karin Immergut blocking the Guard
Noem prays with ICE officers during Portland visit as Oregon governor orders troops home
New information:
- DHS Secretary Kristi Noem visited the Portland ICE facility and was filmed praying over officers while on the building roof.
- Noem met with Oregon Gov. Tina Kotek at the Portland airport prior to the site visit.
- Gov. Tina Kotek directed U.S. Northern Command to immediately demobilize Oregon’s 200 National Guard members staged at Camp Rilea and ordered the return of 200 California National Guard members staged at Camp Withycombe.
- Kotek cited Judge Karin J. Immergut’s expanded temporary restraining order as the legal basis for directing troops home and included an on‑record quote urging humane treatment of the Guard members.
Portland business owners plead for help as Trump pushes to keep troops in city
New information:
- Named local business owners (Amy Nichols of a business with 10 break‑ins; Loretta Guzman of Bison Coffeehouse) publicly supporting federal/National Guard presence.
- Specific local anecdote: Guzman recounts her nephew being shot, an alleged 911 nonresponse during the incident, and that the nephew later died.
- Quote-level detail showing some Portland small‑business owners view National Guard presence as potentially beneficial to public safety and to bring attention to persistent crime.
Who is the Trump-appointed judge blocking deployment of National Guard to Portland?
New information:
- Identifies the blocking judge as U.S. District Judge Karin J. Immergut and provides nomination/confirmation details (Trump nominee, Senate voice‑vote confirmation 2019).
- Biographical background: Immmergut served as a line prosecutor for Independent Counsel Ken Starr and participated in debriefings and grand‑jury questioning of Monica Lewinsky.
- Quotes from her opinion: includes the phrase 'The President’s determination was simply untethered to the facts.'
- Connects the TRO to the defendants’ September 28, 2025 memorandum (signed by Pete Hegseth) calling 200 Oregon National Guard members into federal service for 60 days.
Federal agents in Portland deploy tear gas, make arrests minutes after judge blocks National Guard
New information:
- Video footage shows federal agents in tactical gear (marked DHS and U.S. Border Patrol) detaining protesters and deploying tear gas late Sunday, described as occurring minutes after Judge Karin Immergut's restraining order.
- Pentagon told Fox News Digital that while Oregon National Guard members remain under T10 status, 'there are no Oregon National Guard members on mission in or around the Portland area.'
- White House spokeswoman Abigail Jackson issued a statement defending the president's authority to protect federal assets and saying the administration expects the Supreme Court to overturn the restraining order.